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241868 ORIGINAL TO CITY CLBRK � ���� •� � ` CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONE DATF / RESOLVID, Tha.t the Council of the City o�' St. Pa.ul does hereby accept the dedication of a perpetua.l easement for roadway purposes f'rom the Port Authority of the City of Saint Paul and the Minseapolis- St. Paul Sanita.ry District, the description of the easement being more fully set out in the attached copy of said agreement; and the proper City officers are hereby authorized to file in the proper re- cording office the ori�inal of said ded.ication agreement. ��pVED T�RM � ��porat�o�: t �A N 2 3 19�l. COUNCILMEN Adopted by the Counci� 19.— Yeas �vays JAN 2 � 1969 Carlson Dalglish Approved 19—_ Meredith Tn Favor .P�#e�seit�--'—f ' Sprafka Q Mayor Tedeaco A gainst � �_�^`,� PUBLISHEO JAN 2 5 196g '�`::"��€ � a:�":: �::: ;::. "=�I A'Ir. Vice Yresidex)t (i+ete�+5b33) � � J. WILLIAM DONOVAN 223-5317 Valuation Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L Ass't Valuation Engineer BUREAU OF VALUATIONS 286 Cifiy Hall ,2���, � �-1�;, Seint Paul, Mionssote 55102 •�((� � January 20, 1969 To the Honorable Mayor and Council of the City of Saint Pau1 Gentlemen: The Land Committee has considered �.nd recommends that the Council accept the dedica-�ion of a perpetual easement from the Port Au- thority of the City of Saint Pa.ul and the Minneapolis-St. Paul Sanita.ry District conveying a permanent easement over property more ful]tiy set out in the attached copy of said dedication agree- ment. The Department of Public Works has reviewed the agreement and recom- mends the acceptance thereof. Respectflally submitted, CITY COUNCIL L141�ID COMMITTEE � j` J. William Donovan, Seeretary PFD�jt JWD . � , , . � �4�� ~� TFIIS AGREEDIENT AND INDCNTURE, Made this day o� • , 196_, by and between the POR'I' AUTHORITY OF " ' T�IE CITY OF SAINT PAUL, a public corporation under the provisions of �finnesota Statutes, Chapter 458, hereinafter 'referred to as "Grantor" , the riINNEAPOLIS-ST. PAUL SANITARY DISTRICT, a public corporation under the provisions of Minnesota Statutes, Chapter 445 , hereinafter referred to as "Sanitary District" , and the CITY OF SAINT PAUL, a municipal corporation under the laws of Minnesota, hereinafter referred to as "Grantee";• WITNESSETH: WHEREAS, by Dfemorandum of Agreement dated February 23, 1935, Grantor conveyed to Sanitary District a perpetual easement for a . roadway over and across a strip of land comprising part of the land he�einafter described; and , , � WHEREAS, by riemorandum of Agreement dated November 15, 1940, Grantor conveyed to Sanitary District a perpetual easement for the west shoulder and 'ditch of Child ' s Road over and across a strip oY , land adjacent to the roadway referred to above , which strip of land also comprises part of the land hereinafter described; and WHEKEAS, as stated in said Agreements, it was the understand- ing and intention of the parties thereto that said roadway would eventually become a public street to be maintained by the City of Saint Paul or by some other governmental unit; and • WHEREAS, it is the desire of the Grantor and Sanitary District at this time to carry out the intentions of �he parties by dedicat- ing the roadway hereinafter described as a public street to be maintained and improved by the City of Saint Paul in the same manner and to the extent that other public streets are maintained and improved; - NOW, THEBEFORE, for and in consideration of the above prem- ises and the mutual covenants and conditions hereinafter contained . and subject to acceptance by Grantee, the parties hereto do � covenant and agree as follows, to-wit: • 1 . Sanitary Distriet does hereby release and convey to Grantor all rights and interests it may have under the terms and . "` conditions of •that certain Memorandum of Agreement, dated February 23, 1935 , recorded in the office of the Register of Deeds, County qf Ramsey, State of Minnesota, in Book 1069, page 539. � 2. Sanitary District does hereby release and convey to Grantor all rights and interests it may have under the terms and . conditions of that certain Memorandum of Agreement, dated November 15, 1g40, recorded in the office of the Register of Deeds, County oY Ramsey, State of Minnesota, in Book 1069, page 546. 3. Grantor hereby grants and conveys to Grantee a perpetual . easement for a public street over and� across the following-de- scribed lands situated in the County oY Ramsey and State of Minnesota, to-wit: , _ ; . � . � � , , , ,. s e�: a , `� �' ,� : , .� . .. , � ".��� , ., 1. ���� . i. . . . . , . , � . , . . , i . . � i . ; , A strip of land in Governnient Lots 3, 4 and 5 , '_ Section 4, Totivnship 28 North, Kange 22 West , and Government Lot 1 , Section 9,� Township 2$ North, ftange ' 22 West which lies between the Southwesterly line of . . the Right-of-Way of �he St. Paul Bridge and Terminal R�ilway Company, with the exception as noted, and a line described as follosvs : Commencing at the intersect�ion of the north and • south center line of Section 4, Township 28 North, Range 22 West and the line forming the southerly bound- � ary of the Right-of-Way of the Chicago, Burlington and � Quincy Railway Company and the northerly boundary of the ftight-of-Way of the Chicago, Milwaukee , St. Paul ' and Pacifie Railway Company; thence southeasterly � . _ � along said joint boundary line , a distance; of approx- : imately 854.91 feet to an iron nomument marking the • _ � ' beginning of a curve in said joint boundary line ; thence . continuing in, the same direction along said line pro- duced a distance of 205 .65 feet; thence at an angle to - the right of 65 degrees, 3? minutes for a distance of , Sg.03 feet; thence on a curve to the right �of 250 feet . radius and a central angle of 21 degrees, 30 minutes, . tangent to the last described line; thence on a perpen- • dicular to the right from said curve, a distance of 22�- feet; thence at an angle to the left of 90 degrees, for � ' a distance of 12 .71 feet; thence on a curve to the left • of 2972 feet radius tangent to the last described line , to the intersection of said curve with the southerly - line of the Right-of-Way of the St. Paul Bridge and Terminal Railway Company, which point is the point of , � . commencement of the line to be described; thence contin- � � ' � uing along aforesaid curve of 2972 feet radius to a � _ point of tangency of said curve with a �line parallel to, and 60 feet southwesterly from, the southwesterly line � - . , of the Right-of-Way of the St. Paul Bridge and Terminal ' ftailway Company; thenee on a line parallel to, and 60 feet � southwesterly �rom, the southwesterly line of. the Right- of-j�Tay of the St. Pau1 Bridge and Terminal Railway Company � for 62.65 feet; thence at an angle to the right of 72 degrees, . , � 59•minutes, 46 seconds for a distance of 39.33 feet to a point on a curve; thence 139.'78 feet along a curve to the right� with a radius of 4�1 feet the long cord of � which is 139.2'7 feet and deflects to the left 81 degrees, � " 2g minutes, 53 seconds from �ast previous course to a - point of tangency of said curve with a line parallel to, and 7? feet southwesterly from, the southwesterly line of the ftight-of-Way of the St. Paul Bridge and Terminal Railway Company; thence on a line parallel to, and 7'7 " � feet south�resterly from, the southwesterly line of the • Right-of-Way of , the St. Paul Bridge and Terminal Railway Company to a point that is 77 feet, distant southwesterly, � measured at a right ,angle to last described line , from a point on the southsvesterly line oY the Right-of-Way of ' . the St . Paul Bridge and Terminal Railway Company, 580 ' � feet northwesterly of the intersection of the a�oresaid southwesterly • line of said Right-of-Way and the south section line, of Section 4, Township 28 North, Range 22 West;_ thenee southeasterly, on a straight line, to the . 2. • &� n. �� � � v�%;,r�r �� I � a`i',l: i i �.un i 4�:�"�' �� �� r i a'� �'§�i� r�; d� � �l; th _ i � 4 ,.'�i �'7 � 1., t.�:� � i '{i , � ,.; � � ,. : ,. , , , , , .' . �,�� � � i �� � .�� . . . � � . . . � . � ^ii. . , . . , . ' , intersection of the south line of said Section 4, and . ' �a curve which is� concentric ��rith the curve of the southwesterly line of the Right-of-Way of the St. Paul � Bridge and Terminal Railway Company on the south side . . � of said south lirie of said Section 4, and 77 feet � southwesterly therefrom; thence continuing southerly on a line parallel to, and �'7 feet from, the westerly line of the ftight-of-Way of the St . Paul Bridge and Terminal Railway Company, to �a pbint that is 200 feet � northerly of the south boundary line of the north 1980 feet of Government Lot 1 , Section g, Township 28 North, � ftange 22 West; thence on a straight line to a point on the south boundary line of the north 1980 feet of Government Lot 1 , said Section g, that is 368.13 feet � _ west , of the east section line of aforesaid Section 9; th�nce east on the south boundary line of the north 1g80 feet of Government Lot 1 , said Section 9, to the ' point of_ intersection of the westerly line of the 8ight-of-Way pf the St. Paul Bridge and Terminal Railway Company and the aforesaid south boundary line of the north 1980 feet of Government Lot 1 , said Section g; � excepting a tract of land in Government Lot 5 , said Section 4, bounded by a line described as follows: Commencing at a point on the southwesterly line of the Right-of-Way of the St. Paul Bridge and Terminal Railway Company, 580 feet northwesterly of the intersection of , � the aforesaid southwesterly line of said ftight-of-Way � and the south section line of said Section 4, thence . � southeasterly, on a straight line, to the intersection . � of the sout�i line of said Section 4 and the southivesterly line of the said Ftight-of-Way on the south side of the - said section line; thence east on the south line of said � . � Section 4, 25 .23 �eet to the southwesterly line of the � � said Right-of-Way on the north side of the south line of said Section 4; thence northwesterly along the south- : westerly line of the said Right-of-Way, 580 feet to �the � , � � point of commencing. , .. The above described stYip of land is shown on the map attached hereto as Exhibit A which is by reference made a part hereof. 4. This �Agreement and Indenture shall be null and void unless the grant of a perpetual easement for public street purposes con- �ained herein is duly accepted by the City of Saint Paul as recorded . in a Resolution adopted by the City Council , which acceptance shall • be evidenced by the signatures hereto of the appropriate officers of said City Council . . IN WITNESS WHEREOF, the parties hereto have caused these � presents to be duly executec� by their proper officers and their seals duly attached the day and year first above written. MINNEAPOLIS-ST. PAUL . In Presence : SANITARY �STRIC : , 'By i ` �/f � �, Chairman Board uf Trustees '; , / . ' •And L�: /l'Yi�cQl r � ' 1 � C porate Secretar•y . _ 3 - = . - �. "y i ,�t .rt�4Y 1 N:��.., � �..�:�F,"� ��rJ..,y � � .4� �' , ., , . .., . . . . . . , ..,, . . .. . . . �,. . ,,� , . ,. . . . .. ., � . _. . . . �,. , :� . ,. , ,.,- . � . . . . . �� �: �.i .. �. i ' { . , 'V • . I ., � I . . ; . .. . . I ' � ( i ' ( .� PORT AUT RITY OI' TIiE In Presence of: CITY 0 S INT PAUL . � � � �G�.�.:.,- By • � . ; Pre s ' en�i �` • � .�d _ _ � • , Secr ary. � . , . . In Presence of: • • CITY OF SAINT PAUL . By � Attest: Mayor � ' Anc� � � ' • ' City Clerk , � Ci,ty Comptroller � STATE OF MINNESOTA . • ' ss. COUNTY OF RAMSEY On this 1qjL day of J�L�{ , lg �.� , before me, a notary public within and for said County�ersonallx appeared 1� . A _ O 4�.r„n_ and ,�_ _�. .t,_�=����Q� , to me personally known, who being each by me duly sworn, did say they are respectively the Chairman of the Board of Trus.tees and the Corporate Secretary of the Minneapolis-St. Paul Sanitary Distriet, , , and that the �seal affixed to said instrument is the corporate seal . of said corporation, and that said instrument was signed and••sealed . in behalf of said corporation by authority of its„Board of Trustees 'and said � , �q,_ b qL�,�, and _� � acknowledged said instrument to be the fre act and dee of° said corporation. - . _ . � . : W .� � : Notary Public, ftamsey County, Minn. . � My commission expires ` , , . RAYMOND W. FARICY: JR.x • • Notary Public, Ramsey County, dlinA. ' . My Commission Expires Oct 10.187A . . � 4. � . - ,.� , , ,. �... ,... ,, ,� � �.��. ,.., �, � . . , . , � ,, . . . , , � k r��. , . . , . ., . ,„ , : , ... . ,.. -, . , , s., i • � e • STATE OF MTNNCSOTA ss. . . ' , COUNTY OF RAl►ISEY . On this � day of � , 19l{� , before we, a notary public within and for s d County, personally appeared Richard C. Radman and Gerald J. Issacs, to me personally known, who being each by me duly sworn, did.say that they are respec- tively the President and the Secretary of the corporation named _ in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that � said instrument was signed and sealed in behalf of said corpora- tion ,by authority of its Board of Commissioners and said Richard . C. Badman and Gerald J. Issacs .acknowledged said instrument to be the fre,e act and deed of said corporation. , , � . � � '- . , . . �S�'+� . " . ' • � " Notary Public, Ramsey County, Minn. My commission expires ` • GERALJ H, SV'JAhS01�► Notary Fublic, Han^ey Cour�.y. Minn. ' ' 1Ly Cammissicn Expires Sopt. 13, 1974 STATE OF MINNESOTA . . � : � ss. . COUNTY OF RAMSEY : . . . - � � � � - � ;: On this day of , 19 , before me, . a notary public within and for said County, personally appeared Thomas R. Byrne, Harry E. Marshall , and Jos.eph J. Mitchell , •to me personally known, who being each by me duly sworn, did say that they are respectively the Mayor, the City Clerk and the City - Comptroller of the City of St. Paul , Minnesota, named in the fore- going instrument, and that the seal affixed to said instrument is the seal oY the City of St. Paul , and that said instrument was signed and sealed in behalf of said City of St. Paul by authority , granted pursuant to formal resolution of the Council of the City of St. Paul, Council File No. , passed and approved � the day of , lg6_, and the said Mayor, City Clerk and City Comptroller aeknowledged said instrument to be the act and deed of said City of St. Paul, pursuant to said resolution. ` ` Notary Public, Ramsey County, Minn.� My commission. expires , . , , . / > ' ; : 5. � . ,_,. ,. ,s . .. ,� � r.^ ,�.�_ .1�` � �i' f.y i q �" r �� 6tI :f I ,4� p� � �ti � ��i �": � ntIW4 � � '